Schlemm, David v. Frank, Matthew et al

Filing 85

Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 83 Notice of Appeal. (Attachments: # 1 Info Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (elc),(ps)

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U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:11-cv-00272-wmc

Schlemm, David v. Frank, Matthew et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/18/2011
Date Terminated: 06/10/2014
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
David A. Schlemm

represented by David A. Schlemm
198339
Green Bay Correctional Institution
2833 Riverside Dr.
P.O. Box 19033
Green Bay, WI 54307-9033
PRO SE

V.
Defendant
Matthew J. Frank
in his individual and official capacities as
Secretary of Wisconsin Department of
Corrections

represented by Corey Francis Finkelmeyer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/29/2012
Jody J. Schmelzer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Phil Kingston
in his individual and official capacities as
Warden of Waupun Correctional
Institution

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 11/29/2012
Jody J. Schmelzer

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(See above for address)
ATTORNEY TO BE NOTICED
Defendant
James Muenchow
Institution Complaint Examiner; in his
individual and official capacities
TERMINATED: 11/20/2012

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 11/29/2012

Defendant
Edward Wall

Date Filed

represented by Jody J. Schmelzer
(See above for address)
ATTORNEY TO BE NOTICED

#

Docket Text

04/18/2011

1 COMPLAINT against Matthew Frank, Phil Kingston, James Muenchow. ( Filing fee
$ 350 receipt number 10672) filed by David A. Schlemm. (Case randomly assigned
to District Judge William M. Conley.) (Attachments:
# 1 Exhibit A - Letter from Senator Moore to Wisc. DOC Secretary, 8/22/02,
# 2 Exhibit B - Letter to Lori Simon from plaintiff, 3/3/07,
# 3 Exhibits C, D, E - Offender complaints,
# 4 Exhibit F - Internal Management Procedures, effective 6/1/92,
# 5 Exhibit G - Internal Managment Procdures, effective 4/17/01,
# 6 Exhibit H - Internal Managment Procedures, effective 9/3/02,
# 7 Exhibit I - DAI Policy 309.61.1, effective 7/24/06,
# 8 Exhibit J - DAI Policy 309.61.02, effective 7/20/10,
# 9 Exhibit K - U.S. BOP guidelines,
# 10 Exhibit L - Letters and guideline excerpts from Great Lakes Inter-tribal council,
# 11 Exhibits M, N, O - Ch. DOC 310,
# 12 Exhibits P, Q - Lexis Nexis searches,
# 13 Exhibit R - State of WA DOC handbook,
# 14 Exhibit S - Senate Committee hearing on Indian Affairs from Richard Watkins,
3/8/93,
# 15 Exhibit T - Declaration of Ryan Krist, 3/16/11,
# 16 Exhibit U - Declaration of Roy Red Hail, 9/28/10,
# 17 Exhibit V - Request for New Religious Practice, 10/1/10,
# 18 Exhibit X - inmatepackage.com catalog,
# 19 Envelope) (jef) Note, there is no Exhibit W, 4/19/2011 (jef). (Additional
attachment(s) added on 4/19/2011:
# 20 Cover Letter) (jef). (Entered: 04/19/2011)

04/22/2011

2 ORDER on ifp request: Complaint taken under advisement for screening. Signed by
Magistrate Judge Stephen L. Crocker on 4/20/2011. (voc),(ps) (Entered: 04/22/2011)

04/22/2011
11/20/2012

Motion for Screening of Complaint. (jef),(ps) (Entered: 04/22/2011)
3 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Matthew J. Frank, Phil Kingston. Leave to proceed denied and case dismissed
against James Muenchow. Materials delivered to DOJ for acceptance of service.
Signed by District Judge William M. Conley on 11/19/2012. (jef),(ps) (Entered:

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11/20/2012)
11/29/2012

4 Notice of Appearance filed by Jody J. Schmelzer for Defendants Matthew J. Frank,
Phil Kingston, Edward Wall (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 11/29/2012)

11/29/2012

5 Acceptance of Service by DOJ on behalf of Defendants Matthew J. Frank, Phil
Kingston, Edward Wall. (Schmelzer, Jody),(ps) (Entered: 11/29/2012)

12/04/2012

6 Memorandum that for the remainder of this lawsuit plaintiff need only send a copy of
his filings in this case to the court pursuant to an informal service agreement with the
Wisconsin Department of Justice. Signed by Magistrate Judge Stephen L. Crocker on
12/4/2012. (jef),(ps) (Entered: 12/04/2012)

12/31/2012

7 ANSWER with Jury Demand by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/31/2012)

01/02/2013

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/29/2013
at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants
responsible for setting up the call to chambers at [phone]. [Notice Regarding
the Telephone Preliminary Pretrial Conference attached] (elc),(ps) (Entered:
01/02/2013)

01/24/2013

8 Motion to Reschedule Pretrial Conference by Plaintiff David A. Schlemm.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 01/24/2013)

01/24/2013

9 ** TEXT ONLY ORDER **
On January 24, 2013, plaintiff, who is proceeding pro se, moved to postpone the
January 29, 2013 telephonic preliminary pretrial conference so that he may prepare a
motion to certify his lawsuit as a class action. This motion is denied for two related
reasons: first, this case has been pending in this court for nine months, and it is in
plaintiff's and defendant's best interests to obtain a schedule from this court so as not
to lose their place in line for trial. Second, although plaintiff is free to file a request to
certify this case as a class action if he wishes, there are several procedural hurdles
that would have to be cleared, the most pressing of which would be the issue of
representation by an attorney. A class action cannot proceed pro se. See F.R. Civ.
Pro. 23(g). Before the court would consider appointing an attorney or a law firm as
class counsel in a pro se prisoner case, plaintiff, like any other indigent pro se
plaintiff, would have to demonstrate that he already had made sufficient attempts to
retain an attorney for the class but had been unsuccessful in doing so. This will take
some time. When we confer on January 29, 2013, the court will discuss these matters
further with the parties. Signed by Magistrate Judge Stephen L. Crocker on
1/24/2013. (elc),(ps) (Entered: 01/24/2013)

01/29/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference - Pro Se held on 1/29/2013 [:30]
(cak),(ps) (Entered: 01/29/2013)

01/31/2013

10 Pretrial Conference Order - Dispositive Motions for Failure to Exhaust
Administrative Remedies due 3/15/2013. Dispositive Motions due 9/16/2013. Rule
26(a)(3) Disclosures and all motions in limine due 2/28/2014. Objections due
3/14/2014. Final Pretrial Conference set for 3/31/2014 at 08:30 AM. Jury Selection

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and Trial set for 3/31/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L.
Crocker on 1/30/2013. (jef),(ps) (Entered: 01/31/2013)
01/31/2013

11 Motion to Certify Class under Rule 23 by Plaintiff David A. Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 01/31/2013)

01/31/2013

12 Brief in Support of 11 Motion to Certify Class under Rule 23 by Plaintiff David A.
Schlemm. (jef),(ps) (Entered: 01/31/2013)

02/07/2013

13 Motion to Appoint Counsel by Plaintiff David A. Schlemm. (Attachments:
# 1 Letters,
# 2 Certificate of Service,
# 3 Cover Letter,
# 4 Envelope) (jef),(ps) (Entered: 02/08/2013)

02/07/2013

14 Brief in Support of 13 Motion to Appoint Counsel by Plaintiff David A. Schlemm.
(jef),(ps) (Entered: 02/08/2013)

02/07/2013

15 Declaration of David A. Schlemm. re: 13 Motion to Appoint Counsel. (jef),(ps)
(Entered: 02/08/2013)

03/15/2013

16 MOTION FOR PARTIAL SUMMARY JUDGMENT for failure to exhaust
administrative remedies . by Defendants Matthew J. Frank, Phil Kingston, Edward
Wall. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 03/15/2013)

03/15/2013

17 Brief in Support of 16 Motion for Partial Summary Judgment by Defendants
Matthew J. Frank, Phil Kingston, Edward Wall (Schmelzer, Jody),(ps) (Entered:
03/15/2013)

03/15/2013

18 Affidavit of Kelli R. Willard West filed by Defendants Matthew J. Frank, Phil
Kingston, Edward Wall re: 16 Motion for Partial Summary Judgment (Attachments:
# 1 Exhibit 1000, Policy 309 Religious Beliefs and Practice,
# 2 Exhibit 1001, Policy 309 Resources For Inmates, Religious Property,
# 3 Exhibit 1002, Policy 309 Resources For Inmate, Religious Diets,
# 4 Exhibit 1003, DOC-2075 form,
# 5 Exhibit 1004, Schlemm Request dated 5.29.08,
# 6 Exhibit 1005, Schleem Request dated 10.25.09,
# 7 Exhibit 1006, Schlemm Request dated 10.01.10,
# 8 Exhibit 1007, Schlemm Request dated 3.30.12,
# 9 Exhibit 1008, Schlemm Request dated 8.31.12) (Schmelzer, Jody),(ps) (Entered:
03/15/2013)

03/15/2013

Set Deadlines as to 16 MOTION FOR PARTIAL SUMMARY JUDGMENT for
failure to exhaust administrative remedies . Plaintiff's Brief in Opposition due
4/1/2013. Defendants' Brief in Reply due 4/8/2013. (elc),(ps) (Entered: 03/15/2013)

04/04/2013

19 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 04/04/2013)

04/05/2013

20 ORDER granting plaintiff's 19 Motion for Extension of Time to file his materials in
opposition to defendants' motion for summary judgment. Plaintiff's Brief in

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Opposition due 4/19/2013. Defendants' Brief in Reply due 4/26/2013. Signed by
Magistrate Judge Stephen L. Crocker on 4/4/2013. (jef),(ps) (Entered: 04/05/2013)
04/08/2013

21 Brief in Opposition by Plaintiff David A. Schlemm re: 16 Motion for Partial
Summary Judgment filed by Matthew J. Frank, Edward Wall, Phil Kingston.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/08/2013)

04/26/2013

22 Brief in Reply by Defendants Matthew J. Frank, Phil Kingston, James Muenchow,
Edward Wall in Support of 16 Motion for Partial Summary Judgment (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 04/26/2013)

08/02/2013

23 Motion for Extension of Time to Disclose Expert Witness by Plaintiff David A.
Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 08/02/2013)

08/05/2013

24 ** TEXT ONLY ORDER **
ORDER granting plaintiff's 23 Motion for Extension of Time to Disclose Expert
Witness. Plaintiff's disclosure of Expert Witnesses due 8/30/2013. Defendants
disclosure of Expert Witnesses due 9/30/2013 Signed by Magistrate Judge Stephen L.
Crocker on 8/5/2013. (jef),(ps) (Entered: 08/05/2013)

08/19/2013

25 Motion to Take Deposition from David A. Schlemm by Defendants Matthew J.
Frank, Phil Kingston, Edward Wall. Motions referred to Magistrate Judge Stephen L.
Crocker. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 08/19/2013)

08/19/2013

26 ** TEXT ONLY ORDER **
Order GRANTING defendants' 25 Motion to Take Deposition of plaintiff David
Schlemm. Signed by Magistrate Judge Stephen L. Crocker on 8/19/2013. (elc),(ps)
(Entered: 08/19/2013)

08/28/2013

27 Motion to Stay deposition until after the court decides plaintiff's motion for
appointment of counsel or to appoint counsel to represent plaintiff at the deposition
filed by Plaintiff David A. Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 08/28/2013)

08/29/2013

28 ORDER denying 27 Motion to Stay Deposition; denying 13 Motion for Assistance in
Recruiting Counsel. To ensure that plaintiff receives a copy of this order in time for
the deposition, counsel for the defendants are directed to cause hand-delivery of a
copy of this order to plaintiff as soon as possible before the deposition begins. Signed
by Magistrate Judge Stephen L. Crocker on 8/29/2013. (jef),(ps) (Entered:
08/29/2013)

09/09/2013

29 Motion to Stay Scheduling Order by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 09/09/2013)

09/09/2013

30 ** TEXT ONLY ORDER **
Order GRANTING defendants' 29 Motion to stay the current scheduling order
pending ruling on defendants' 16 motion for partial summary judgment based on
plaintiff's failure to exhaust administrative remedies. Defendants may have 14-days

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from the date of the court's ruling on their motion for partial summary judgment to
disclose experts and file any further dispositive motions. Signed by Magistrate Judge
Stephen L. Crocker on 9/9/2013. (elc),(ps) (Entered: 09/09/2013)
09/11/2013

31 Renewed Motion for Assistance Recruiting Counsel/ Objections re: 28 Order on
Motion for Assistance in Recruiting Counsel by Plaintiff David A. Schlemm.
(Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Envelope) (jaf),(ps) Modified docket text/event type on 9/26/2013 (elc).
(Entered: 09/11/2013)

09/30/2013

32 ORDER denying 31 Motion for Assistance in Recruiting Counsel.; denying 11
Motion to Certify Class under Rule 23; denying 16 Motion for Partial Summary
Judgment. Signed by District Judge William M. Conley on 09/30/2013. (mfh),(ps)
(Entered: 09/30/2013)

10/02/2013

33 Interrogatories and Request for Production of Documents to Defendant Edward Wall
by Plaintiff David A. Schlemm. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 10/02/2013)

10/02/2013

34 Interrogatories and Request for Production of Documents to Defendant Phil
Kingston by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 10/02/2013)

10/08/2013

35 Deposition of David A. Schlemm taken on August 30, 2013 (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 10/08/2013)

10/14/2013

36 MOTION FOR SUMMARY JUDGMENT by Defendants Matthew J. Frank, Phil
Kingston, Edward Wall. (Schmelzer, Jody),(ps) (Entered: 10/14/2013)

10/14/2013

37 Proposed Findings of Fact filed by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
10/14/2013)

10/14/2013

38 Affidavit of Christine A. Althaus filed by Defendants Matthew J. Frank, Phil
Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps)
(Entered: 10/14/2013)

10/14/2013

39 Affidavit of Michael Donovan filed by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
10/14/2013)

10/14/2013

40 Affidavit of Alfred George filed by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
10/14/2013)

10/14/2013

41 Affidavit of Peter Jaeger filed by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered:
10/14/2013)

10/14/2013

42 Affidavit of Michael Mohr filed by Defendants Matthew J. Frank, Phil Kingston,
Edward Wall re: 36 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1009 Group Complaint Number GBCI-2008-24389) (Schmelzer,
Jody),(ps) (Entered: 10/14/2013)

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10/14/2013

43 Supplemental Affidavit of Kelli R. Willard West filed by Defendants Matthew J.
Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment
(Attachments:
# 1 Exhibit 1010 Religious Property Chart) (Schmelzer, Jody),(ps) (Entered:
10/14/2013)

10/15/2013

44 Brief in Support of 36 Motion for Summary Judgment by Defendants Matthew J.
Frank, Phil Kingston, Edward Wall (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 10/15/2013)

10/15/2013

Set Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT . [Pro Se Summary
Judgment Procedure attached.] Plaintiff's Brief in Opposition due 11/14/2013.
Defendants' Brief in Reply due 11/25/2013. (elc),(ps) (Entered: 10/15/2013)

11/06/2013

45 Motion for Reconsideration re 32 OORDER denying 31 Motion for Assistance in
Recruiting Counsel.; denying 11 Motion to Certify Class under Rule 23; denying 16
Motion for Partial Summary Judgment by Plaintiff David A. Schlemm. (Attachments:
# 1 Cover Letter,
# 2 Envelope,
# 3 Certificate of Service) (jaf),(ps) Modified on 11/6/2013 (jaf). (Entered:
11/06/2013)

11/06/2013

46 Proposed Notice of Class Action by Plaintiff David A. Schlemm. (jaf),(ps) (Entered:
11/06/2013)

11/06/2013

47 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 45 Motion for
Reconsideration (jaf),(ps) (Entered: 11/06/2013)

11/06/2013

48 Motion for Reconsideration re 32 Order on Motion for Assistance in Recruiting
Counsel, Order on Motion to Certify Class under Rule 23, Order on Motion for
Partial Summary Judgment by Plaintiff David A. Schlemm. (jaf),(ps) (Entered:
11/06/2013)

11/18/2013

49 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 11-6-13 Reviewers Decision,
# 2 Certificate of Service,
# 3 Cover Letter,
# 4 Envelope) (jaf),(ps) (Entered: 11/18/2013)

11/19/2013

50 ** TEXT ONLY ORDER **
Plaintiff David A. Schlemm has filed a motion for an extension of time, up to and
including December 16, 2013, in which to respond to the defendants' motion for
summary judgment. Plaintiff's motion for an extension (dkt. # 49 ) is GRANTED,
making his response due no later than December 16, 2013. Plaintiff has also filed a
motion to reconsider certifying this case as a class action and a motion to appoint
class counsel. Both of these motions (dkt. # 45 , # 48 ) are DENIED without
prejudice. Plaintiff may renew his motion for class certification, including a request
for assistance in recruiting pro bono counsel under 28 U.S.C. § 1915(e)(1), after the
court has ruled on the pending summary judgment motion. Signed by District Judge
William M. Conley on 11/19/2013. (jef),(ps) (Entered: 11/19/2013)

11/26/2013

51 Motion to Stay the Current Scheduling Order Pursuant to FRCP 56(d)(2) by Plaintiff
David A. Schlemm. (Attachments:

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# 1 Letter to AAG Schmelzer,
# 2 Cover Letter,
# 3 Certificate of Service,
# 4 Envelope) (jaf),(ps) (Entered: 11/26/2013)
12/19/2013

52 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Exhibits in Support,
# 2 Certificate of Service,
# 3 Cover Letter,
# 4 Envelope) (jaf),(ps) (Entered: 12/19/2013)

12/19/2013

53 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 52 MOTION
for Extension of Time (jaf),(ps) (Entered: 12/19/2013)

12/19/2013

54 Motion for Reconsideration re 32 Order on Motion for Assistance in Recruiting
Counsel by Plaintiff David A. Schlemm. (jaf),(ps) (Entered: 12/19/2013)

01/17/2014

55 Motion for Extension of Time to file brief in opposition to summary judgment by
Plaintiff David A. Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 01/17/2014)

01/17/2014

56 Declaration of David A. Schlemm re: 55 MOTION for Extension of Time to file
opposition to summary judgment. (Attachments:
# 1 Attachments from Johnson Greybuffalo) (elc),(ps) (Entered: 01/17/2014)

01/22/2014

57 Declaration of Johnson W. Greybuffalo re: 55 MOTION for Extension of Time
(Attachments:
# 1 Exhibits in Support,
# 2 Cover Letter,
# 3 Certificate of Service,
# 4 Envelope) (jaf),(ps) (Entered: 01/22/2014)

02/13/2014

58 ** TEXT ONLY ORDER **
Plaintiff David A. Schlemm was granted leave to proceed with claims for relief under
42 U.S.C. § 1983 against defendants Matthew J. Frank, Edward Hall and Phil
Kingston. On October 15, 2013, defendants filed a motion for summary judgment.
(Dkt. # 36 ). On November 23, 2013, Schlemm filed motion for a 30-day extension of
time to conduct additional discovery pursuant to Fed. R. Civ. P. 56(d)(2). To the
extent that it is not moot, this motion (dkt. # 51 ) is GRANTED. Schlemm has made
more than one request for an extension of time, up to and including February 28,
2014, in which to respond to defendants' summary-judgment motion. Those requests
(dkts. # 52 , # 55 ) are also GRANTED. In addition, Schlemm asks the court to
reconsider his request for appointed counsel. (Dkt. # 54 ). The court will reserve a
decision on that request until after it has considered the parties' briefing on
defendants' motion for summary judgment. Signed by District Judge William M.
Conley on 2/13/2014. (elc),(ps) (Entered: 02/13/2014)

02/25/2014

59 Motion to Stay re 10 Pretrial Conference Order, by Defendants Matthew J. Frank,
Phil Kingston, Edward Wall. (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 02/25/2014)

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02/26/2014

60 ORDER that all remaining deadlines in the pretrial conference order, Dkt. # 10 , are
STAYED until further notice. If necessary, the court will enter a new scheduling
order once the defendants' motion for summary judgment has been decided. Signed
by District Judge William M. Conley on 2/26/2014. (jef),(ps) (Entered: 02/26/2014)

03/03/2014

61 Motion for Stay of Proceedings and Remand of or Leave to Voluntarily Withdraw
State Law Claims by Plaintiff David A. Schlemm. (Attachments:
# 1 Cover Letter,
# 2 Certificate of Service,
# 3 Envelope) (jaf),(ps) (Entered: 03/03/2014)

03/03/2014

62 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to
Magistrate Judge Stephen L. Crocker. (jaf),(ps) (Entered: 03/03/2014)

03/04/2014

63 ORDER denying 61 Motion for Stay of Proceedings and Remand of or Leave to
Voluntarily Withdraw State Law Claims; denying 62 Motion for Extension of Time. If
Schlemm does not file a response to defendants' motion for summary judgment
within fourteen days from the date of this order, his federal claimswill be dismissed
with prejudice pursuant to Fed. R. Civ. P. 4l(b). No extension of this deadline will be
granted. Signed by District Judge William M. Conley on 3/4/2014. (jef),(ps) (Entered:
03/04/2014)

03/04/2014

Set/Reset Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT. Brief in
Opposition due 3/18/2014. Brief in Reply due 3/28/2014. (jef),(ps) (Entered:
03/04/2014)

03/05/2014

64 Letter to the court from plaintiff Plaintiff David A. Schlemm re:
retaliation/harassment. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) Modified event type/docket text on 3/5/2014 (elc). (Entered:
03/05/2014)

03/05/2014

65 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 64 Letter to
the court. (Attachments:
# 1 Exhibits in Support) (jaf),(ps) Modified on 3/5/2014 (elc). (Entered: 03/05/2014)

03/24/2014

66 Brief in Opposition by Plaintiff David A. Schlemm re: 36 Motion for Summary
Judgment filed by Matthew J. Frank, Edward Wall, Phil Kingston (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 03/24/2014)

03/24/2014

67 Response to Proposed Findings of Fact filed by Plaintiff David A. Schlemm re: 36
Motion for Summary Judgment (elc),(ps) (Entered: 03/24/2014)

03/24/2014

Set Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT . Defendants Brief
in Reply due 4/3/2014. (elc),(ps) (Entered: 03/24/2014)

03/25/2014

68 Letter from clerk's office in response to plaintiff David Schlemm's cover letter re:
typed copy of 66 Brief in Opposition. (elc),(ps) (Entered: 03/25/2014)

03/26/2014

69 Plaintiff's Exhibits in opposition to 36 Motion for Summary Judgment filed by
Matthew J. Frank, Edward Wall, Phil Kingston. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 03/26/2014)

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https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?189623729152781-L_1_0-1

03/26/2014

70 Letter from plaintiff re: denial of legal materials (Attachments:
# 1 ICE Receipt dated 3/18/2014 re: Legal Materials) (elc),(ps) (Entered:
03/26/2014)

04/03/2014

71 Brief in Reply by Defendants Matthew J. Frank, Phil Kingston, Edward Wall in
Support of 36 Motion for Summary Judgment (Attachments:
# 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 04/03/2014)

04/03/2014

72 Reply in Support of Proposed Findings of Fact filed by Defendants Matthew J.
Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer,
Jody),(ps) (Entered: 04/03/2014)

04/03/2014

73 Affidavit of Catherine A. Francois filed by Defendants Matthew J. Frank, Phil
Kingston, Edward Wall re: 36 Motion for Summary Judgment (Attachments:
# 1 Exhibit 1011--DAI Property Chart) (Schmelzer, Jody),(ps) (Entered: 04/03/2014)

04/28/2014

74 Objection to 71 Brief in Reply and Request for Evidentiary Hearing by Plaintiff
David A. Schlemm. (Attachments:
# 1 Exhibits,
# 2 Certificate of Service,
# 3 Cover Letter and Envelope) (elc),(ps) (Entered: 04/28/2014)

04/28/2014

75 Declaration of Arthur J. Fariok filed by Plaintiff David A. Schlemm re: 36 Motion for
Summary Judgment (elc),(ps) (Entered: 04/28/2014)

04/28/2014

76 Declaration of William N. Ledford filed by Plaintiff David A. Schlemm re: 36 Motion
for Summary Judgment (elc),(ps) (Entered: 04/28/2014)

04/28/2014

77 Declaration of Tim Torrez filed by Plaintiff David A. Schlemm re: 36 Motion for
Summary Judgment (elc),(ps) (Entered: 04/28/2014)

04/28/2014

78 Motion to Reconsider Appointment of Counsel by Plaintiff David A. Schlemm.
(elc),(ps) (Entered: 04/28/2014)

06/10/2014

79 ORDER vacating the order dated September 30, 2013, denying defendants' motion
for partial summary judgment on the issue of exhaustion without prejudice (dkt. # 32
). Defendants' motion for partial summary judgment for failure to exhaust ( dkt. # 16
) is GRANTED. Plaintiff David Schlemm's claims concerning his request for weekly
or bi-weekly sweat lodge ceremonies, the right to possess and smoke a personal pipe,
and the right to wear a ribbon shirt or bear-claw jewelry are DISMISSED without
prejudice for lack of exhaustion. Defendants' motion for summary judgment on the
merits of plaintiff's exhausted claims (dkt. # 36 ) is GRANTED. Those claims are
DISMISSED with prejudice. The clerk of court is directed to enter judgment
accordingly and close this case. Signed by District Judge William M. Conley on
6/10/2014. (jef),(ps) Modified on 6/10/2014 (jef). (Entered: 06/10/2014)

06/10/2014

80 JUDGMENT entered in favor of defendants dismissing this case. (PAO/jef). (jef),(ps)
(Entered: 06/10/2014)

07/09/2014

81 Motion for Extension of Time to file a Rule 59 Motion by Plaintiff David A.
Schlemm. (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 07/09/2014)

07/21/2014 12:32 PM

ECF Western District of Wisconsin

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https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?189623729152781-L_1_0-1

07/14/2014

82 ** TEXT ONLY ORDER **
On June 10, 2014, this court granted summary judgment in favor of the defendants
and dismissed the prisoner civil rights case filed by plaintiff David Schlemm. On July
9, 2014, Schlemm filed a motion for an extension of time to seek relief pursuant to
Fed. R. Civ. P. 59(e). Motions for relief under Fed. R. Civ. P. 59(e) must be filed
within 28 days of the judgment. Extensions of this deadline are prohibited by Fed. R.
Civ. P. 6(b)(2). Accordingly, Schelmm's motion for an extension of time (dkt. # 81 )
must be and is DENIED. Signed by District Judge William M. Conley on 7/14/2014.
(elc),(ps) (Entered: 07/14/2014)

07/21/2014

83 NOTICE OF APPEAL by Plaintiff David A. Schlemm as to 80 Judgment, 79 Order
on Motion for Summary Judgment. In forma pauperis pending. Docketing Statement
filed. (Attachments:
# 1 Docketing Statement,
# 2 Certificates of Service) (elc),(ps) (Entered: 07/21/2014)

07/21/2014

84 Appeal Information Packet. (elc),(ps) (Entered: 07/21/2014)

07/21/2014 12:32 PM